European Parliament legislative resolution of 12 June 2013 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (15605/3/2012 — C7-0164/2013 — 2008/0243(COD))
Date: 2013-06-12
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, European Parliament
Subjects: EU Member State, foreign national, right of asylum, stateless person, third country








C_2016065EN.01020901.xml










19.2.2016   


EN


Official Journal of the European Union


C 65/209





P7_TA(2013)0255
Application for international protection lodged in a Member State by a third-country national or a stateless person (recast) ***II
European Parliament legislative resolution of 12 June 2013 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (15605/3/2012 — C7-0164/2013 — 2008/0243(COD))
(Ordinary legislative procedure: second reading)
(2016/C 065/40)

The European Parliament,






—


having regard to the Council position at first reading (15605/3/2012 — C7-0164/2013),










—


having regard to the opinion of the European Economic and Social Committee of 16 July 2009 (1),










—


having regard to the opinion of the Committee of the Regions of 7 October 2009 (2),










—


having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2008)0820),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 72 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs (A7-0216/2013),










1.


Approves the Council position at first reading;










2.


Approves the joint statement by Parliament, the Council and the Commission annexed to this resolution;










3.


Notes that the act is adopted in accordance with the Council position;










4.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union










5.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union, together with the joint statement by Parliament, the Council and the Commission;










6.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 317, 23.12.2009, p. 115.

(2)  OJ C 79, 27.3.2010, p. 58.

(3)  OJ C 212 E, 5.8.2010, p. 370.



ANNEX TO THE LEGISLATIVE RESOLUTION



Joint statement by the Council, the European Parliament and the Commission



The Council and the European Parliament invite the Commission to consider, without prejudice to its right of initiative, a revision of Article 8(4) of the Recast of the Dublin Regulation once the Court of Justice rules on case C-648/11 MA and Others vs. Secretary of State for the Home Department and at the latest by the time limits set in Article 46 of the Dublin Regulation. The European Parliament and the Council will then both exercise their legislative competences, taking into account the best interests of the child.

The Commission, in a spirit of compromise and in order to ensure the immediate adoption of the proposal, accepts to consider this invitation, which it understands as being limited to these specific circumstances and not creating a precedent.